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The Rule of Law as an Essentially Contested Concept

Social Science Research Network, 2021
Calling a concept "essentially contested" is not necessarily a way of disparaging it. It is a way of understanding the depth and importance of the contestation surrounding it, and the possibility that such contestation will enrich the heritage that the ...
Jeremy Waldron
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Philosophy of law: an Islamic Sufi approach

International Journal of Law and Management, 2018
Purpose The purpose of this paper is to investigate the first causes of right, law and legislation, namely, the philosophy of law. To know the principles of right, it is essential to recognise its aim. The concept of “Justicia” is in full agreement with
B. Bidabad
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Mind the gap(s): Moral philosophy, international law and interpretative historical sociology

European Journal of Social Theory, 2023
Given the diversity of opinions about whether, how, and towards which end Western societies should defend Ukraine against the ongoing Russian aggression, it would be desirable to spell out clear moral principles and apply them in a contextually adequate ...
P. Wagner
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What makes law : an introduction to the philosophy of law

, 2014
1. Introduction 2. Morality and the grounds of law 3. Legal positivism 4. Nonpositivism 5. Disagreement in practical philosophy 6. Law 7. The normative force of law 8. What makes law law?: law beyond the state 9. Conclusion: what matters?
L. Murphy
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The Oxford Handbook of the Philosophy of the Criminal Law

, 2019
PREFACE 1. The Limits of the Criminal Law 2. Criminalizing Expression: Hate Speech and Obscenity 3. Blackmail 4. An Alleged Act Requirement in the Criminal Law 5. Attempts 6. The Philosophical Foundations of Complicity Law 7.
J. Deigh, David Dolinko
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Relativism in the philosophy of law

SSRN Electronic Journal, 2019
I consider in this chapter the writings of two prominent legal philosophers, Hans Kelsen and Gustav Radbruch.
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Towards an ecological philosophy of law: a comparative discussion

, 2013
Environmental law finds itself in a very delicate position. Its role is to elaborate rules and principles for addressing multiple ecological crises, yet environmental law is structurally and conceptually rooted in a broader legal tradition thoroughly ...
V. Lucia
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Law, Human Agency and Autonomic Computing - The Philosophy of Law Meets the Philosophy of Technology

Law, Human Agency and Autonomic Computing, 2013
Introduction: A Multifocal View of Human Agency in the Era of Autonomic Computing, Mireille Hildebrandt 1 Smart? Amsterdam Urinals and Autonomic Computing, Don Ihde 2 Subject to technology: on autonomic computing and human autonomy, Peter-Paul Verbeek 3 ...
M. Hildebrandt, Antoinette Rouvroy
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A UNIVERSAL PHILOSOPHY OF LAW

2023
Basing itself on the universality of the Buddhist ethic, this book manifests much learning on the part of the author as acquired from many a complementary branch of study including History, Philosophy, and above all Jurisprudence. Celebrating both Eastern and Western thought, parallels are convincingly drawn between contributions made by such seemingly
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Privacy, Due Process and the Computational Turn : The Philosophy of Law Meets the Philosophy of Technology

, 2013
Acknowledgments On the contributors Preface 0. 'Privacy, Due Process and the Computational Turn' at a glance. Pointers for the hurried reader, Katja de Vries en Mireille Hildebrandt Chapter 1: Privacy, Due Process and the Computational Turn A parable and
M. Hildebrandt, K. Vries
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